Monthly Archives: September 2013

Attorney’s Fees Not Unconscionable Because No Element of Fraud

California State Bar Rules Attorney’s Fees Not Unconscionable Because No Element of Fraud In a recent opinion, the State Bar Court of California found an attorney not guilty of charging an unconscionable fee because the attorney’s actions did not contain … Continue reading

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Employer Arbitration Agreements Can Limit Class Actions

U.S. Court of Appeals for the Ninth Circuit holds an employer’s mandatory arbitration agreement could be enforced, despite its limitation on joint or class actions, citing the U.S. Supreme Court’s explicit statements that arbitration agreements should be “rigorously” enforced. Continue reading

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Violations of the Unfair Insurance Practices Act May Be Actionable

A recent California Supreme Court decision holds that a violation of the Unfair Insurance Practices Act may provide a claim under the Unfair Competition Law where the violation is independently actionable. Continue reading

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Court of Appeals Rules Insured Must Accept Insurer’s Counsel

The California Court of Appeals ruled in Federal Insurance Company v. MBL, Inc. that an insured must accept its insurer’s defense counsel where no conflict of interest exists that could be influenced by defense counsel in litigation. The issue arose when MBL, a supplier of dry cleaning products, was sued by one of its customers seeking indemnity and contribution after the customer was found responsible by the federal government for contamination of land on which its dry cleaning business operated. Continue reading

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